Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts21. Sections 39 and 40 and Division 4 of the Principal Act are repealed and the following sections and Divisions substituted:
“39. Where the Registrar renews a licence, it continues in force, subject to this Act, for a period of 12 months commencing on the day immediately following the day on which, but for its renewal, the licence would have expired.
“40. (1) An amount equal to half (in this section called ‘the first instalment') of the determined fee for the renewal of a licence is due and payable to the Territory by the licensee on the day immediately preceding the first day of the period for which the licence is renewed.
“(2) Where—
(a) a licence is renewed; and
(b) the first instalment of the determined fee is not paid before the first day of the period for which the licence is renewed;
an additional amount equal to 10% of the determined fee is due and payable to the Territory by the licensee at the expiration of the first 30 days of the period for which the licence is renewed.
“(3) Where—
(a) subsection (2) applies in relation to a licence; and
(b) the first instalment of the determined fee, together with the additional amount payable under that subsection, is not paid on or before the expiration of the first 30 days of the period for which the licence is renewed;
the licence ceases to be in force at the expiration of that period of 30 days.
“40A. (1) An amount equal to half (in this section called ‘the balance') of the determined fee for the renewal of a licence is due and payable to the Territory by the licensee on 1 June next following that renewal.
“(2) Where—
(a) a licence is renewed; and
(b) the balance of the determined fee for the renewal of the licence is not paid on 1 June next following that renewal;
an additional amount equal to 10% of the determined fee is due and payable to the Territory by the licensee on or before 30 June next following that renewal.
“(3) Where—
(a) subsection (2) applies in relation to a licence; and
(b) the balance of the determined fee for the renewal of the licence, together with the additional amount payable under subsection (2), is not paid on or before 30 June next following the relevant renewal;
the licence ceases to be in force on 1 July next following that renewal.
“40B. Where a licence ceases to be in force under subsection 40 (3) or 40A (3), the Authority shall not authorise the transfer of a licence to the former licensee, and the Registrar shall not renew another licence held by that person, unless—
(a) all amounts payable under section 40 or 40A (as the case requires) have been paid; or
(b) that person has made arrangements to the satisfaction of the Authority for the payment (whether by instalments or otherwise) of the unpaid amount or amounts.
“41. (1) Upon application in the prescribed form, the Authority may authorise the transfer of a licence.
“(2) The transfer of a licence takes effect from the date the Authority authorises the transfer, or from such later date as is fixed by the Authority.
“(3) Where—
(a) the Authority authorises the transfer of a licence; and
(b) the licensee lodges with the Registrar the licence and the records kept under section 76A;
the Registrar shall amend it accordingly, endorse on it a memorandum in the prescribed form, and give it to the new licensee, together with those records, as soon as practicable after the date of effect of the transfer.
“42. (1) The Authority shall not authorise the transfer of a licence if it is satisfied on reasonable grounds that—
(a) the proposed transferee is not a fit and proper person to hold a licence; or
(b) if the licensee or, if the licensee is a body corporate, the body or a defined influential person in relation to the body, has been charged with a defined offence in respect of which proceedings are not completed—
(i) the proposed transferee is a body corporate, or a defined influential person in relation to a body corporate, in relation to which the licensee is a defined influential person;
(ii) the licensee is a body corporate in relation to which the proposed transferee is a defined influential person;
(iii) if the licensee and the proposed transferee are partners—the proposed transferee intends to hold the licence for the purposes of the partnership; or
(iv) if the licensee and the proposed transferee are bodies corporate—there is a defined influential person in common between the 2 bodies.
“(2) The matters which the Authority shall consider in deciding whether to refuse to authorise the transfer of a licence under paragraph (1) (a) include the following:
(a) the proposed transferee's age;
(b) the proposed transferee's understanding of the obligations of a licensee under this Act;
(c) whether the proposed transferee has been convicted of a defined offence;
(d) whether the proposed transferee has contravened a provision of this Act, or a direction;
(e) whether the proposed transferee is an undischarged bankrupt;
(f) if the proposed transferee is a body corporate—
(i) whether the body is in liquidation; or
(ii) whether, in consideration of the matters referred to in paragraphs (a) to (e) (inclusive) or otherwise, any defined influential person in relation to the body would not be a fit and proper person to hold a licence.
“(3) Where a licence is held for the purposes of a partnership, a reference in this section to the licensee is to be read as including a reference to each of the partners who is concerned in, or takes part in, the management of the partnership's business in relation to the licence—
(a) whether or not the partner's name appears on the licence; and
(b) whether or not subsection 43B (1), (2), (3) or (4), as the case requires, has been complied with in relation to the partner.
“(4) Where the Authority has reasonable grounds for believing that a proposed transferee intends to hold the licence for the purposes of a partnership, a reference in this section to the proposed transferee is to be read as including a reference to each of the partners who, the Authority has reasonable grounds for believing, intends to be concerned in, or to take part in, the management of the partnership's business in relation to the licence, whether or not the partner's name appears on the application.
“42A. In this Division—
“42B. (1) A licensee may apply to the Authority for the surrender, or the conditional surrender, of the licence.
“(2) An application shall be in writing, accompanied by—
(a) any portion of the determined fee for the most recent renewal of the licence which is payable under subsection 40 (1), or which is or will be payable under subsection 40A (1);
(b) any additional amount which is payable under subsection 40 (2) or 40A (2); and
(c) the determined fee for the surrender of the licence.
“42C. (1) On application in accordance with section 42B, the Authority shall cancel the licence by written notice to the applicant if—
(a) no amount remains payable under this Act by the applicant;
(b) the Authority is satisfied that, where necessary, appropriate arrangements have been made by the applicant for the disposal of liquor held by the applicant in pursuance of the licence; and
(c) in the case of an application for conditional surrender—the Authority has authorised the issue to the applicant of a licence of a different class.
“(2) The cancellation of a licence under this section takes effect—
(a) in the case of the conditional surrender of a licence—on the date the licence referred to in paragraph (1) (c) is issued; or
(b) in any other case—14 days after the date of the application.
“42D. (1) Where a licence ceases to be in force, except by virtue of its cancellation under section 42C, or its suspension, the former licensee shall pay to the Territory the determined fee.
“(2) Where a former licensee pays an amount under subsection (1) following the cancellation of the licence, and the cancellation is set aside after the payment, the Territory shall refund that amount to that person.
“42E. (1) Where an amount due under section 42D by a person is not paid in full, the Registrar shall not issue or transfer a licence to that person, or renew another licence held by that person, except with the approval of the Authority.
“(2) The Authority shall not grant approval for the purpose of subsection (1) unless the person from whom the amount is due has made arrangements to the satisfaction of the Authority for the payment (whether by instalments or otherwise) of the whole of the amount.
“(3) Where an amount due under section 42D by 2 or more persons is not paid in full, the Registrar shall not issue or transfer a licence to any of those persons, or renew another licence held by any of those persons, except with the approval of the Authority.
“(4) The Authority shall not grant approval for the purpose of subsection (3) unless the person seeking leave has made arrangements to the satisfaction of the Authority for the payment (whether by instalments or otherwise) of—
(a) the whole of the amount; or
(b) if, in the opinion of the Authority based on reasonable grounds, it would be unfair to require payment of the whole of that amount—an amount calculated by reference to the formula—
, where:
A is the amount due under section 42D;
N is the number of persons by whom the amount is due.
“42F. Where a licence ceases to be in force, whether by the expiration of time, suspension or cancellation, the former licensee shall not, without reasonable excuse, fail to give the licence to the Registrar on the next day—
(a) in the case of a licence which is suspended or cancelled—after the date of effect of the suspension or cancellation; or
(b) in the case of a licence which expires—after the expiration;
on which the Registrar's office is open to the public.
Penalty: $2,000.
“43. (1) Where a licence ceases to be in force otherwise than by virtue of its suspension, within 14 days of that cessation the former licensee shall not, without reasonable excuse, fail to give the Registrar—
(a) in the case of an Off Licence—certificates in the prescribed form; or
(b) in any other case—a certificate in the prescribed form;
in relation to liquor transactions undertaken in pursuance of the licence during the defined period.
Penalty: $2,000.
“(2) In subsection (1)—
(a) in relation to a licence which ceases to be in force after 1 July 1991—the period commencing on the 1 July previous to that cessation and ending on the expiration of the date of that cessation; or
(b) in relation to a licence which ceases to be in force on or before 30 June 1991, the period—
(i) commencing on the date the licence was last renewed or, if the licence has not been renewed, on the date the licence was issued; and
(ii) ending on the expiration of the date of that cessation.”.